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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 34-11-22

Citation
Section 34-11-22
Parent Document
Foley v. Osborne Court Condominium, 96-360 (1999) (1999)
Jurisdiction
Rhode Island (state)
Effective Date
1999-07-26

Full Text

1,183 chars
The power to impose daily fines which continue to accrue until a violation is corrected can be compared to the inherent power of the Court to punish for civil contempt. The Court possesses the power to impose sanctions to induce the contemnor to purge himself of contemptuous conduct. Sunbeam Corp. v.Black Decker (U.S.), Inc., 151 F.R.D. 11 (D. R.I. 1993). Sanctions for civil contempt may be sufficiently coercive to gain swift compliance. Marek v. Marek, 119 R.I. 841,383 A.2d 1031 (1978). The distinctive characteristic of civil contempt is that the contemnor is to be given an opportunity to purge the contempt. U.S. v. City of Providence, 492 F. Supp. 602
(D. R.I. 1980). "It is well settled that the matter of contempt is addressed to the sound discretion of the trial justice, to be exercised in accordance with the particular facts and findings as to the extent and willfulness of respondent's contempt for the authority and dignity of the court." Zannini v. DowningCorporation, 701 A.2d 1016 (R.I. 1997) (quoting SchoolCommittee of North Providence v. North ProvidenceFederation of Teachers, Local 920, 468 A.2d 276 (R.I. 1973) (quoting Marek v. Marek, supra, § 10-32-33)).